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6.22 Further, it is submitted that the GNCTD in its reply dated 17th
March, 2025 in OA No.474/2025 at para 3 of Preliminary Objections
itself states that Senior Scale in DASS/GNCTDSS is Central Civil
Service Group 'A' and further at para 1 of para-wise reply
categorically admitted that DASS/GNCTDSS is an Organized Central
Civil Services. Article 239 of the Constitution deals with Union
Territories. Further, it is submitted that NCT of Delhi was borne by
way of Article 239 AA of the Constitution. Hence, it is very clear that
Delhi is an UT with legislature and not a State. President cannot
delegate power under Article 309 of the constitution for framing
recruitment rules for State Government employees. He can do so
only for Central Government employees, including those working
2026.04.16
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under Union territories. Hence, it is clear that Delhi is an UT not a
State. Delhi is not a State and Delhi is an Union Territory with
legislature and Parliament has full power to legislate on all subjects
of Delhi. Article 239 AA (3) provides as under:-